What are “Article 28 facilities”?
Article 28 facilities refer to “hospitals” which are established, operated, and regulated under PHL Article 28 and implementing regulations. The term “hospital” is defined broadly and includes acute care or general hospitals, nursing homes, diagnostic and treatment centers, and free-standing ambulatory surgery centers. Article 28 facilities must be approved by the Public Health Council and the Commissioner of Health through a rigorous Certificate of Need (CON) process. Once the CON process is finalized, the construction of the facility is complete, and pre-opening surveys are passed, the Commissioner will issue the facility an operating certificate. Article 28 facilities participate in Medicare and Medicaid and with private insurers at a higher reimbursement rate to recognize the vigors of the CON process and to meet the high standards of operating Article 28 facilities. DOH has the ability to enter an Article 28 facility to investigate a complete or survey a particular issue at any ti